October 1998: Torture: A state's Tyranny.

 

Torture: A State's Tyranny

Introduction

Part One:

Documentation and research

Background on arrests and charges pressed against detainees

The security forces responsible for arresting and torturing the victims

Part Two:

Legality of arrest and detention

Arrest memo

Methods used in arrest procedures

Where is the legality of arrests?

Legal opinion in the way detention and arrest are carried out

Part Three:

Methods used in torturing prisoners

A.      Defining torture

B.       Torture as defined by the International Convention Against Torture

C.       The length of time spent while interrogating and torturing a victim

D.      The way in which victims are tortured:

1.        Physical torture

2.        Mental torture

E.       Damage derived from torture

1.        Direct physical damage

2.        Mental damage derived from torture

3.        Mental and social scars of torture on society and the detainee’s family

F.       The legal view

G.      The right to lodge complaints  

Part Four:

Torture to death:

1.        Nasser al-Huroub

2.        Walid al-Qawasmeh

Part Five:

Conclusions

Letter to the Minister of Justice

A detainee's Testimony under oath

List of persons who died in detention

List of persons who were sentenced to capital punishment

 

Part One:

Documentation and research

Background on arrests and charges pressed against detainees

The security forces responsible for arresting and torturing the victims

Part Two:

Legality of arrest and detention

Arrest memo

Methods used in arrest procedures

Where is the legality of arrests?

Legal opinion in the way detention and arrest are carried out

Part Three:

Methods used in torturing prisoners

A.      Defining torture

B.       Torture as defined by the International Convention Against Torture

C.       The length of time spent while interrogating and torturing a victim

D.      The way in which victims are tortured:

1.        Physical torture

2.        Mental torture

E.       Damage derived from torture

1.        Direct physical damage

2.        Mental damage derived from torture

3.        Mental and social scars of torture on society and the detainee’s family

F.       The legal view

G.      The right to lodge complaints  

Part Four:

Torture to death:

1.        Nasser al-Huroub

2.        Walid al-Qawasmeh

Part Five:

Conclusions

Letter to the Minister of Justice

A detainee's Testimony under oath

List of persons who died in detention

List of persons who were sentenced to capital punishment

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The Bi-monthly publication of the PHRMG:

 

Torture: A State's Tyranny  

Torture During the First Six Months of 1998 in Palestinian National Authority Detention Centers and Prisons  

 

Part Three:

 Methods Used in Torturing Prisoners

A: Defining Torture

Why does torture take place? Why do the security forces use torture in their prisons and interrogation centers? What is the philosophy behind torturing victims?

There is a routine answer to all this which points out that torture occurs to cause physical or mental pain to the detainee, whether intentionally or unintentionally, to obtain a confession from him or to punish him.

We tried to find another direct answer from Palestinian prisoners themselves, because in answering the question exists a certain philosophy that has its dimensions. During the first year of the PNA take over, in an official interview conducted by one of the organizations working in the field of human rights, one Palestinian GI official was asked why torture is being used. His answer was as follows:

"We are a new and inexperienced authority that was placed in a difficult circumstances we live under, filled with the dregs and leftovers of the occupation across time. The effect of the occupation, along with the restricted measures placed upon us, other than the restrictions signed between the Israelis, and us has hindered our work. To get out of this situation, we need a great deal of effort and energy. Despite the difficult circumstances we under, we care about the principles of human rights. We already expressed our clear and honest position on human rights in the Palestinian Declaration of Independence document released on 15 November, 1988, and we are ready to commit ourselves to this  declaration. We are not going to utilize torture at all. Do not forget that detainees are our brothers. You need to know - (addressing the organization that interviewed him) - that when an interrogator uses violence, such as beating, to obtain a confession from a detainee, that interrogator is fed up. The detainee realizes that the interrogator has used every method possible to obtain a confession, and when that detainee still does not confess, he exposes himself to beating and violence.

The GI official also said that the security forces take special care that the interrogation be a conversation between two minds and not between two bodies, because the body in this case, is weaker. We use many methods during interrogation such as sleep deprivation, standing for a long time, deprivation of smoking, and so on. We use mental methods. Do you have other methods in order to interrogate and obtain information? (he asked the organization). The detainee is always cautious in hiding certain information. Should we use hypnosis?

This is our philosophy as leaders and responsible figures in the Palestinian National Security Forces."

The hidden philosophy behind torture, according to the aforementioned opinions, is to reach a main goal: to destroy the detainee by using methods that do not leave scars on him, such as physical and mental pressure to obtain a confession from him by force.

The reality of this philosophy appeared after five years of PNA rule in the West Bank and the Gaza Strip. More than 98% of the persons we met suffered more than one kind of physical and/or mental torture. 66% of the cases said that they were under severe beating, more than 73% of them said that they experienced extremely painful Shabeh positions, around 86% of them experienced solitary confinement, and 44% were deprived sleep, food, and drink.

To develop a clearer picture, we are going to elaborate more and illustrate a number of methods used while torturing Palestinian detainees. These methods were obtained from victims who went through them. Before that, we are going to briefly state the definition of torture according to International conventions related to fighting torture.

B: Torture as Defined by the International Convention Against Torture

Before we point out the methods used by Palestinian security forces while torturing detainees, we need to define torture according to International conventions, especially the International Convention Against Torture for 1984, which defined torture as follows:

"Any act which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kinds, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions."

From a simple comparison between what the victims said and what appeared in the definition of torture, we can say that all the cases documented in our report were, in one way or another, exposed to torture during interrogation.

C: the Length of Time Spent While Interrogating and Torturing a Victim

Most detainees were exposed to continuous interrogation sessions that ranged between a few hours and two weeks. In some cases, interrogation exceeded four months, as was the case of fugitive Imad Awadallah. The majority of detainees undergo a period of interrogation between one and fourteen days, where they are exposed to all kinds of continuous torture so as to obtain confessions from them by force, and in the fastest way possible.

The length of interrogation time experienced by detainees on a continuous basis

Length of time

Number of cases

Percentage

For 24 hours

9

13.5%

1 - 14 days

36

53%

15 - 30 days

9

13.5%

31 - 60 days

3

4%

61 days and up

4

6%

Undetermined

7

10%

Total

68

100%

Table 4

D: The Ways in Which Victims are Tortured

There are many ways that were followed in torturing Palestinian detainees by the various security forces. All of them can be categorized under two kinds:

The first: Physical torture, such as direct beating and continuous Shabeh, cigarette burning, and other ways to be illustrated further in the report

The second: this is more common, and it is the mental torture, such as solitary confinement for long periods of time, releasing disturbing noises and chaos in nearby rooms, and many others.

The following section is a clear and detailed description of the various methods used while torturing victims.

       1.         Physical Torture

·        Shabeh: forcing the detainee to sit or stand in painful physical positions that cause severe pain to the joints and the spinal column, and might sometimes cause paralysis of the limbs. Usually Shabeh is performed by tying the hands to the back of the head, blindfolding the eyes, or placing a stinking bag over the head. Shabeh can be performed on a detainee inside the cell, the interrogation room, in corridors, and sometimes in a toilet. The length of Shabeh time is between 2 hours and two weeks continuously, and sometimes more.

Following are some Shabeh Positions:

·          Shabeh by using a pulley:  among the documented cases, there were three cases of this kind of Shabeh. The hands are tied to the back, and the legs are tied. The detainee is pulled upside down from his legs by a pulley. The detainee is then beaten with a baton or a solid wicker cane. This might last to half an hour straight, until he faints. He is then taken down for a break, and then pulled back up, and the beating starts all over.

 

"I was taken to a large room, around 4X4 meters. Inside was a pulley hanging from the ceiling, with a rope. I saw solid wicker canes, and braided electric cables. They tied my legs with a chain that was connected to the pulley. They lifted me up until I was in an upside down position. Four interrogators started beating me up on all my body parts, except for my head, with the cables and canes. Half an hour, after continuous beating, they brought me down and took me to a room nearby. They placed me in a tub full of water for five minutes, and placed me in the same Shabeh position again.

(Testimony by Abbas Abd al-Wahhab al-Momani - Cameraman for Reuters)

·        Common Shabeh: a detainee is usually placed on a small chair, with his hands tied to the back. Sometimes a detainee is placed against the wall, with his hands tied and eyes blindfolded, one of his legs in the air and both hands lifted. Sometimes, his legs are forced wide open, and he is forced to carry a relatively heavy object, such as a chair, or two water bottles (2 liters in each) in both or one hand. This happened to detainee A.S. from the south of the West Bank:

 

 

" The next day of my arrest, besides beating me up, they forced me to carry to bottles of water, two liters in each, spreading my arms to the front, with my legs wide open. They poured cold and hot water on my face and body. Then one of the interrogators brought two liter bottles full of water and forced me to carry them with both my arms that were spread to the front, parallel to my chest. I carried them for over half an hour, and I was forced to repeat doing so many times."

( this also happened to citizen S.B. from one of the villages in Ramallah, who was arrested by the PSS for collaboration).

·        Shabeh Using a Chair Placed Upside down: the detainee is placed on the floor with his body between the legs of the chair. His hands are tied to the back, hugging the chair seat, and his back is placed against the base. This lasts for a period between 4 to 12 hours, and is repeated again and again. This causes severe pain and pressure to the spinal column, especially the neck vertebra, and might cause paralysis, as was the case with detainee Z.M. from the north of the West Bank, 35 years old. He was arrested on the charge of being a Hamas follower. He suffered from paralysis in his back, and two fingers in each hand:

 

 

" In al-Dahiriyeh cells, they used Shabeh through an upside down chair on me. I was forced to sit on the floor against a chair base. My hands were tied to my back, hugging the chair seat. I was in this position for a long time, 4 to 12 hours each time, and as a result, I was in severe pain, and I felt pressure on my spinal column. I was paralyzed in my back and in two fingers from each hand. Until today, I am receiving natural treatment.

·        Shabeh Using a Glass: the detainee is forced to stand on glasses with his hands up from minutes to an hour continuous. This is done several times. Detainee M.N., 31 years old, from Tulkarm, was arrested by the PSS on the charge of possessing weapons, drugs, and collaboration. He was placed in that Shabeh position. Also detainee M.G., 23 years old, from one of the villages north of the West Bank, was arrested by the police on the charge of possessing weapons and stealing. Another case was A.H., 42 years old, from north of the West Bank, who was arrested for collaboration. These three people suffered from this kind of Shabeh.

 

 

" Besides beating me up, kicking me, and using all sorts of torture against me, I had to stand on glasses that were placed upside down, with my hands up, for over an hour. I lost my strength, concentration, and felt dizzy at times. This method was used twice with me during interrogation."

( D.D.D. from a city in the center of the West Bank)

·        Shabeh from a high window: this resembles Shabeh from a pipe which was used by Israelis. Instead of tying a detainee to a pipe, he is tied to a high window, usually in a toilet, whereby hi hands are tied upwards to the back. The body is lifted where the toes barely touch the ground, and the body is bent to the front. Pressure is placed on the spinal column and toes.

 

 

"Interrogators put me in a Shabeh position in the corridor. I was forced to stand on one leg with my hands up, and I was forbidden from moving. I had to remain in that position for hours straight. Every time I tried to put my leg down, the interrogator screamed at me and threatened to beat me up. Immediately after this round, I was transferred to a filthy toilet. My hands were tied to the back, and tied through iron cuffs connected to the high window. My body was pulled from the ground where my hands would pull to the back and upward, and my body bent to the front. I remained in that position for five hours straight. As a result, the cuffs sunk in the flesh around my wrists. The scars are still there today."

(Testimony by J.S.Q)

Citizen T.S. from Ramallah was exposed to almost the same sort of Shabeh. He was arrested in April on the background of the killing of Mohyi Eldin al-Sharif. One of his legs was tied by a rope, lifted upwards, and tied to a toilet window forming a reversed perpendicular position. At the same time, one of his hands were tied to iron cuffs from the same window. The cuffs canckered the flesh. Their scars were there three months after he was released.

 

·        Pressure Shabeh: forcing the detainee to positions similar to exercises. However, these exercises are above the human force and ability. There is bending, and placing pressure on the toes. The detainee is forced to sit like a frog, placing all pressure on the toes with his arms spread straight for a long time.

 

 

 

Citizen U.A.H., 42 years old, from a city north of the West Bank said that he was forced to make this exercise more than 100 times. "I was forced to sit and stand in the same position between 100-300 times in a row. I lost all strength, and I had to be taken to hospital."

·        Pressure on the Fingers: forcing the detainee to place all his body pressure on his fingers while standing against the wall for a long period of time. Sometimes, this occurs with placing pressure on fingers on one hand. This causes paralysis in the fingers.

 

"I was blindfolded with an elastic cloth that also covered my ears. Many forms of Shabeh were practiced on me. My legs were forced open as much as possible, my hands were raised away from the wall, and I had to put all my body pressure on them while they pressed against the wall. Every time I tried to bring my hands down, the interrogator would kick me. I remained in that Shabeh position for almost 65 hours straight. As a result, I was very exhausted and felt numbness in the fingers on my right hand. I can still feel that pain.

(Testimony by T.S.)

·        Pressure on the chest: Laying face to the floor, and doing push ups. This is done for a long time until the detainee loses all strength. If he stops, interrogators beat him up.

 

 

"I was forced to do push ups for about 300 times. I had to place all my body pressure on my fingers and toes."

(Testimony by H.H. from a village south of Nablus)

·        Shabeh in the Banana position: This is rarely used. The detainee's hands and legs and handcuffed together to the back. Then a third cuff pulls the hand cuffs and the leg cuffs together where the body becomes bent like a banana. This places a lot of pressure on the spinal column.

 

Beating:

Beating by most security forces is widespread. The most common method of beating is known as the split. The detainee is beaten on the bottom of his feet after he is on the floor with his legs up. Sometimes an interrogator would sit on his legs, or entering the legs of the detainee between the columns of the back of a chair, which are very narrow. The number of beatings that a detainee receives is over 100 at times, continuously.

"I was beaten on the bottom of my feet while I was sitting in many positions. The most common was placing me on a chair with my hands tied to the back, and my legs spread to the front placed on another chair. They would beat me up continuously, over 100 times."

(Testimony by U.A.H.)

In many cases, beating is performed on all body parts, sometimes concentrating on the injured part, or on the reproductive organs. Beating is done using the hands, the legs, an electric cable, a cane, bottom of guns and rifles, or just banging the head on the wall.

·        Showers and Air Currents (hot and cold): a number of detainees testified that they were exposed to continuous cold and hot showers. Sometimes the pressure from the water current derived from the hoses is placed directly on them. Other detainees testified that they were exposed to hot air currents, especially when the weather temperature was very high in summer, and exposed to cold currents in winter. Other cases, suffered from freezing water poured on their faces, and were sometimes placed in tubs. Most detainees who were exposed to such torture suffered from severe colds and Influenza.

"Around afternoon prayers, before sunset, I was taken to the interrogation room. Two interrogators ordered me to take my clothes off and stand under a shower until dawn (more than 12 hours). They opened the cold water for a while, then the hot water. Then they took me to a room nearby. I was naked. I only had my underwear on. They turned on two fans and targeted the air on my body for almost an hour. Then they ordered me to put my clothes back on and go to the cell by the staircase. One of them handcuffed my hands to the top of the cell door. I remained in that position until 8 in the morning the following day."

(Testimony by B.M.B.)

·        Choking: This method is rarely used. Only three cases were reported to have suffered choking. Interrogators tried to choke one detainee by forcing a piece of cloth into his mouth so that he will not make any noise while he is being beaten. They also wrapped one detainee's arms around his neck violently and for a long time. Another detainee suffered from large amounts of water forced down his throat.

"They had a chain which they tied in the ceiling. They tied my hands very tightly to it. this was very painful. Then they pulled the chain and lifted me up until my toes could barely touch the ground. They started pushing me across the room while I was still hanging, until the chain broke and I fell on the ground. Then they were stepping on my face and stomach. One of them placed his foot in my mouth, and I was bleeding. Then they forced water down my throat. I was suffocating."

(Testimony by M.A.G.)

·        Threats: Threatening a detainee is very common. Some detainees were threatened with being kept in jail for longer periods. Some were threatened with being killed. This occurred by pointing a gun towards their head, and the interrogators would tell them that they would announce it was a suicide, that the detainee stole the pistol from the guard and killed himself. Another way of threatening a detainee was by threatening to be bring his sister and dishonoring her.

"One time, the interrogator told me that he was going to humiliate me. He brought my five year old son into my cell for five minutes. I was very much affected by that."

(A testimony by K.M. from a city south of the West Bank)

·        Deprivation from Sleep, Food, and Drink: A number of detainees said that they were deprived their sleep because they were being interrogated for a period of time between two days and two weeks continuously. Some of them said that they were thirsty and hungry for one to seven days straight. This was the case with Imad Awadallah:

"I am sick, and my intestines are killing me. I also have a skin rash because I have not had a drop of water for three days in a row during the interrogation. When the cuffs tore the flesh on my wrists, I started sucking water from my veins."

(A testimony by Imad Awadallah, taken by his aunt Na'imeh Judeh when she went to visit him).